Arvind Dubey @ Arvind Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35111 of 2020 Arising Out of PS. Case No.-224 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== ARVIND DUBEY @ ARVIND KUMAR DUBEY, son of Radhekant Dubey Resident of Village- Chatiya, P.S.- Malahi, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2021 Heard Mr. Sanjay Kumar No. 7, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Govindganj (Malahi) P. S. Case No. 224 of 2020, dated 28.06.2020, instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30 (A)(C)(D), 34 and 36 of the Bihar Prohibition and Excise Act.

662 litres of liquor is said to have been recovered from a hut / fodder house which belongs to

Patna High Court CR. MISC. No.35111 of 2020(2) dt.19-03-2021 2/3 the petitioner.

The learned counsel for the petitioner has submitted that from the perusal of the prosecution report itself it would appear that the aforesaid place from where recovery has been made is always used by one Rakesh Kumar Dubey.

The petitioner does not reside in the village where the raid had been conducted.

The recovery of the excisable items therefore cannot be saddled on the petitioner.

He does not have criminal antecedents.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions

Patna High Court CR. MISC. No.35111 of 2020(2) dt.19-03-2021 3/3 Judge cum Special Judge, Excise, East Champaran at Motihari, in connection with Govindganj (Malahi) P. S. Case No. 224 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T